§206-37 - Conveyance, lease, or agreement in aid of development projects, purchase of bonds.
§206-37 Conveyance, lease, or agreement in
aid of development projects, purchase of bonds. For the purpose of aiding
and cooperating in the planning, construction, and operation of development
projects located within their respective territorial boundaries, the political
subdivisions of the State or other departments and agencies of the State may,
upon such terms, with or without consideration, as it may determine:
(1) Dedicate, grant, sell, convey, lease any of its
property, or grant easements, licenses, or any other rights or privileges
therein to the board of land and natural resources or to the United States or
any agency thereof;
(2) To the extent that it is within the scope of each
of their respective functions:
(A) Cause the services customarily provided by
each of them to be rendered for the benefit of development projects and the
occupants thereof;
(B) Provide and maintain parks and sewage,
water, lights, and other facilities adjacent to or in connection with the
projects;
(C) Open, close, pave, install, or change the
grade of streets, roads, roadways, alleys, sidewalks, or other facilities; and
(D) Change the map of a political subdivision
or plan, replan, zone, or rezone any part of a political subdivision;
(3) Enter into agreements with the board with respect
to the exercise of their powers relating to the preparation of designated
development areas for such projects;
(4) Employ (notwithstanding the provisions of any
other laws as to what constitutes legal investments) any available funds
belonging to them or within their control, including funds derived from the
sale or furnishing of property or facilities to the board, in the purchase of
the bonds or other obligations of the board to the extent provided by section
206-33, and exercise all the rights of any holder of such bonds or other
obligations;
(5) Do any and all things necessary or convenient to
aid and cooperate in the planning, undertaking, and construction of the
development projects;
(6) Enter into contracts with the board or the United
States for any period, agreeing to exercise any of the powers conferred hereby
or to take any other action in aid of the development projects.
In connection with the exercise of this power,
any political subdivision may incur the entire expense of any public
improvements located within its territorial boundaries without assessment
against abutting property owners.
For the purpose of aiding and cooperating in
the planning, construction, and operation of development projects, the board,
in its powers of management of the public lands, may use public lands for the
purposes of this chapter, and the Hawaiian homes commission and any other
officers of the State having power to manage or dispose of its public lands,
may, with the approval of the governor and with or without consideration,
grant, sell, convey, or lease for any period, any parts of such public lands
(without limit as to area) to the board for the purposes of this chapter or to
the United States or any agency thereof.
Any law or statute to the contrary
notwithstanding, any gift, grant, sale, conveyance, lease, or agreement
provided for in this section may be made by any other department or agency of
the State or political subdivisions of the State, without appraisal, public
notice, advertisement, or public bidding.
If at any time title to, or possession of, any
development project is held by any public body or governmental agency
authorized by law to engage in development projects or administration of
development projects, including any agency or instrumentality of the United
States, the provisions of any agreement made under this chapter relating to
such project shall inure to the benefit of, and may be enforced by, such public
body or governmental agency.
Insofar as the provisions of this section are
inconsistent with the provisions of any other law, the provisions of this
section shall be controlling. [L 1961, c 6, §35; Supp, §98J-35; HRS §206-37]